POLL: whos at fault in this accident, drawing included

Lifer

Banned
Feb 17, 2003
1,948
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pic

direction of travel is north.
B is trying to make a lane change and doesn't notice A in his blind spot.
A could not avoid hitting B.
B is not totally in middle lane during impact.

excuse the 45 second MS Paint diagram :eek:
 

dullard

Elite Member
May 21, 2001
26,042
4,688
126
I would definitely say B is at fault.

Imagine that A was a parked car in a public parking lot. B turned into A. Who is at fault? Obviously B. The answer does not depend on speed (unless you can prove without a doubt that A was driving so recklessly that B could never under any circumstance see A then it would be shared fault with B mostly at fault and A partially at fault, but that is an impossible proof to make).
 

notfred

Lifer
Feb 12, 2001
38,241
4
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My brother did that, tried to move into the fast lane and hit the car that was alongside him. It was his fault.
 

Dissipate

Diamond Member
Jan 17, 2004
6,815
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What I can't stand is if I get on the freeway and I am in the slow lane which happens to also be Exit Only and I need to get over but I can't because people ahead of me are going really slow while the people one lane over on my left are going really fast.

Also, why does it seem like a good 30% of all the wreckless drivers/jerkoffs drive pickup trucks? Maybe it is just because I live in a redneck area but damn, people who drive pickups seem to be a lot more aggressive in general.
 

Lifer

Banned
Feb 17, 2003
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ok good, so now i don't have to worry about some idiot trying to lane change before checking his mirrors.
 

B. Ive done it before, and I was the B...no one injured and a headlight was smashed, but that buick that I had took it like a champ. Anyway, yea, its B.
 

rh71

No Lifer
Aug 28, 2001
52,844
1,049
126
It's B's fault, though I think A should've been more aware of their surroundings and swerve out of that lane. Unless B jumped into the center lane in less than 1 second to avoid an accident of their own... then of course A can't react in time.

People need to be aware of their surroundings at all times. I have a wide after-market rearview mirror that I glance at every 5-10 seconds to watch for upcoming cars and open lanes. Gotta use this when there are cars around and especially near intersections/on-off-ramps/driveways. Basically... driving requires anticipation.
 

TwinkleToes77

Diamond Member
Jul 13, 2002
5,086
1
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Originally posted by: rh71
It's B's fault, though I think A should've been more aware of their surroundings and swerve out of that lane. Unless B jumped into the center lane in less than 1 second to avoid an accident of their own.

People need to be aware of their surroundings at all times. I have a wide after-market rearview mirror that I glance at every 5-10 seconds to watch for upcoming cars and open lanes. Gotta use this when there are cars around and especially near intersections/on-off-ramps/driveways. Basically... driving requires anticipation.

I do the same thing. I constantly watched lanes beside me. I dont even like to be driving beside the back end of cars i make sure Im directly beside them so they know im there. But by swerving A would have been at fault for hitting maybe C if there happened to be a C car next to A in the other lane as well. Atleast this way only B is at fault.
 

dxkj

Lifer
Feb 17, 2001
11,772
2
81
Originally posted by: rh71
It's B's fault, though I think A should've been more aware of their surroundings and swerve out of that lane. Unless B jumped into the center lane in less than 1 second to avoid an accident of their own... then of course A can't react in time.

People need to be aware of their surroundings at all times. I have a wide after-market rearview mirror that I glance at every 5-10 seconds to watch for upcoming cars and open lanes. Gotta use this when there are cars around and especially near intersections/on-off-ramps/driveways. Basically... driving requires anticipation.

Bad advice IMO. Never swerve suddenly out of your lane just because someone is swerving at you. Break, yes, Swerve off the road at high speeds, or on to the shoulder? Not a good idea, and that picture shows one lane over being the fast lane, very bad idea to swerve into that suddenly.
 

arcenite

Lifer
Dec 9, 2001
10,660
7
81
Originally posted by: MrDudeMan
i agree it is Bs fault, but A should have been able to hit the breaks...easily.

Depending on speed, that may or may not have been a fix.

Bill
 

rh71

No Lifer
Aug 28, 2001
52,844
1,049
126
Another thing that annoys me is how people have their rearview mirrors at a height/angle where you actually have to pick your head up to look at it. WTF ? Shift your eyeballs only... it makes it a bit easier, don't you think ? Then glancing at the rearview every 5-10 seconds wouldn't be such a chore.
 

MystikMango

Senior member
Jan 8, 2004
367
0
0
Driver A is at fault. Drivers should always be aware of what is in front of them.

Briver B can always argue that he looked, signaled and changed lanes, and that you were driving at a higher rate of speed.
 

rh71

No Lifer
Aug 28, 2001
52,844
1,049
126
Originally posted by: dxkj
Originally posted by: rh71
It's B's fault, though I think A should've been more aware of their surroundings and swerve out of that lane. Unless B jumped into the center lane in less than 1 second to avoid an accident of their own... then of course A can't react in time.

People need to be aware of their surroundings at all times. I have a wide after-market rearview mirror that I glance at every 5-10 seconds to watch for upcoming cars and open lanes. Gotta use this when there are cars around and especially near intersections/on-off-ramps/driveways. Basically... driving requires anticipation.

Bad advice IMO. Never swerve suddenly out of your lane just because someone is swerving at you. Break, yes, Swerve off the road at high speeds, or on to the shoulder? Not a good idea, and that picture shows one lane over being the fast lane, very bad idea to swerve into that suddenly.
See, the thing is you're expecting to do it anyway... if you're prepared and have been checking your mirrors the whole time. Whenever I'm driving beside a car, I am prepared to get out of my lane to avoid them. Braking is not my idea of avoiding accidents unless it's a 2-lane road and I've got nowhere to go. All this sounds like a lot of work and on-the-fly thinking, but it sounds more complex than it really is. I'm a pretty aggressive driver, so I'd rather do something to get out of a situation rather than brake and hope something doesn't happen (like maybe get rear-ended too). Again, know what's around you so you can get out.
 

boyRacer

Lifer
Oct 1, 2001
18,569
0
0
Originally posted by: MystikMango
Driver A is at fault. Drivers should always be aware of what is in front of them.

Briver B can always argue that he looked, signaled and changed lanes, and that you were driving at a higher rate of speed.

The insurance company wont take that reason... it will be Bs fault. They just look at the damage and see they'll say that A was in the lane already before B was... you can tell them all the reasoning you want and they'll just throw it away. That happened to us already.
 

TranceNation

Platinum Member
Jan 6, 2001
2,041
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Originally posted by: MystikMango
Driver A is at fault. Drivers should always be aware of what is in front of them.

Briver B can always argue that he looked, signaled and changed lanes, and that you were driving at a higher rate of speed.


that is very wrong. you can be aware all you want, that doesn't mean when B decides to turn into your lane that you'll have enough time to safely brake and avoid.
 

ajpa123

Platinum Member
Apr 19, 2003
2,401
1
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One thing that really annoys me is people who stay in your blindspot for long periods of time.. sometimes you don't see them get there.. (merging, changing lines etc..). This happened to me once, i thought i was the only one on the highway.. he must have been in the fast lane cruising in my blindspot for miles.. when i start to change lanes, i hear honking.. and i'm like.. omg.. he dropped out of the sky..

Maybe he was doing 120mph and just appeared as i was changing.. either way.. he sucked ! (i did too for not noticing him...)
 

Joker81

Golden Member
Aug 9, 2000
1,281
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I don't think people intentionally stay in your blindspot. Most people don't like driving head-to-head and most people don't want to drive faster then other people. So it just happens that way.
 

Lager

Diamond Member
May 19, 2003
9,433
0
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Definately B.

Which side of the car is more expensive to fix? The back or front?
 

tizodq

Member
Sep 17, 2001
164
0
0
B is at fault, but A should be watching the surrounding traffic just to make sure people like B don't see them. Thats why I never try to be in people's blindspot.